Confessing Error - Law Dictionary Search Results
Home Dictionary Name: confessing errorConfessing error
Confessing error, the affirmative plea to an assignment of error....
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Remittitur damnum
Remittitur damnum. Where a jury gave greater damages than a plaintiff had declared for, the mistake might be rectified by entering a remittitur for the excess; or, if a plaintiff had signed judgment for the greater sum, the Court would give him leave to amend it, by entering a remittitur for the excess, even in a subsequent term and after error brought. The damages were usually remitted in ejectment and replevin where judgment was signed by confession or default, 2 Chit. Arch. Prac., 12th Edn. 1517....
Bruton error
Bruton error, is the violation of a criminal defendant's constitutional right of confrontation by admitting into evidence a non-testifying codefendant's confession that implicates a defendant who claims innocence, Bruton v. United States, 391 US 123: 88 SCT 1620....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
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